Paternal Aunt interfering destructively in every matter of o
S.Sur
(Querist) 12 June 2014
This query is : Resolved
My grandfather purchased a property comprising 10 kottahs of land and a house on the central portion of the plot. After my grandfather's death, the property mutation was done in name of my grandmother,father,3 uncles and 1 married aunt(who is issueless and resides in our house with her husband).
When the property was bought,the house was already old then and now its 107 years old and exgremely wretched,to the extent that it has become inhabitable. We therefore want to construct a new house within the fair share that ee deserve, but my aunt is determined that she wont allow us. We then wanted to get a partition but she is AGAINST partition too. Sir we firmly believe that she has equal rights over the property and have no problems with her enjoying the same. But can her ' right' be the cause of our suffering? Just because she doesnot want us to build a house or partition the property,can we do nothing ?? Please help.
Devajyoti Barman
(Expert) 13 June 2014
If your aunt is not ready to part your due shares then filing of suit for partition is only option.
In the said suit you can apply for repairing the house citing its dilapidated and dangerous condition. It is likely to be allowed.
Dr J C Vashista
(Expert) 13 June 2014
Very well advised by expert Sh. Barman, I agree and appreciate
S.Sur
(Querist) 13 June 2014
I would like to ask here that since most of us are of the notion that court proceedings take long, can you please give an idea of how long this case might run in the court and whether we have a chance of getting the partition or not ? Also is it posybl to leav d existing house intact for her and our grandma,nd construct a house in the remaining part of our share for residential purpose only ?
Rajendra K Goyal
(Expert) 13 June 2014
The court proceedings may take 3-5 years.
If dispute exist better get the property partitioned first and invest later.
S.Sur
(Querist) 13 June 2014
Ok so partition can be done only via partition suit ?
ajay sethi
(Expert) 13 June 2014
if family members are agreeable it can be done by deed of family settlement . other wise you have to move court . it may take 15 years
R.K Nanda
(Expert) 13 June 2014
agree with experts.
S.Sur
(Querist) 13 June 2014
Thank u experts
Devajyoti Barman
(Expert) 13 June 2014
Partition can happen my deed of partition mutually done. When this is not possible then only suit requires to be filed.
V R SHROFF
(Expert) 13 June 2014
partition OUT OF COURT IS ALWAYS BETTER/ other Wise PASSING YEARS IN COURT COST MONEY TIME, HARASSMENT, BITTER FEELINGS.
Dr J C Vashista
(Expert) 13 June 2014
It is better to file a suit for partition and take it for mediation and get the compromise decreed, the easiest, earliest, cost effective and legal.
Raj Kumar Makkad
(Expert) 13 June 2014
Your aunt is not ready for partition so the presumptive questions like settlement outside court etc. do not arise.
What so ever time may consume, you have no other option but to file a suit for partition of entire properties.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
Partition suit before a civil court running for years will make your aunt think about negotiating the issues, hence better get into legal action immediately.
